However, keep in mind that the absolute pardon does not automatically expunge your conviction; you must still apply to a court for this after you receive the pardon. art. Unless your situation involves a terminal illness or deportation where you do not have a lot of time, the Parole Boards investigation can take up to a year to complete. Va. Code Ann. In 2014, Virginia enacted new restrictions on concealed carry permits for those convicted of two or more misdemeanors (5 years), marijuana possession and public drunkenness (3 years), stalking (permanent with no relief), and juvenile offenses that would be a felony (16 years). Automatic destruction is unavailable in several instances, including for most offenses that would constitute adult felonies. Deferred disposition for a first drug offense: The court may grant deferred disposition for certain first drug offenses, upon plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt. If regaining your gun rights is important to you, make sure you make you desire known during the application process. An absolute pardon may be granted when the Governor is convinced that the petitioner is innocent of the charge for which he or she was convicted. An absolute pardon is often a remedy of last resort. In order to be eligible for an absolute pardon, you must have: Pled not guilty throughout the judicial process. Additionally, an adjudication of delinquency for any crime that would be a felony if committed by an adult results in the loss of firearm rights until the age of 29. See the section below on marijuana offenses. With enactment of HB 2113 and SB 1406, Virginia gained one of the more progressive record relief systems in the country, with a mixture of automatic and petition-based sealing, both for convictions generally and marijuana offenses specifically. Office of the Governor Submit a copy of your Notice to Appear or other immigration documents and remind the Governor the emergency of the situation. Non-conviction recordsF. [9] Receiving a Restoration of Rights would definitely restore your rights to vote, to hold public office, to serve on a jury, and to serve as a notary public.[9]. With one exception, all sealing authorities take effect July 1, 2025. Remember to find out who the current Governor is at the time you apply, so that you address the Governor by his or her correct name. One must be a representative of a victims group. His successor Ralph Northam has continued this process, and in March 2021 issued an order restoring the vote to all those released from prison. See general rules at https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/. 550, cl. The governor may also grant a partial pardon to reduce a sentence retrospectively to avoid immigration consequences. DUI and domestic assault) after 7 years, Level 5 and 6 felony convictions after 10 conviction-free years, and deferred dismissals through a petition-based court process. The website of the Secretary of the Commonwealth explains that. Regardless of which pardon you apply for, however, there are no formal, standardized application forms. These are all listed in his end-of-year reports to the legislature. If your reason for applying is to avoid deportation (yes, you can be placed in deportation proceedings even while you are being incarcerated), explain to the Governor how being separated from your family would be devastating for both you and them. See Va. Code Ann. For each conviction (misdemeanor or felony) you have ever received, list the: The sentence you received or the outcome of the case. . See, e.g., Report dated February 9, 2021, https://rga.lis.virginia.gov/Published/2021/SD2/PDF. After several years of investigation and advocacy by the Innocence Project at the University of Virginia School of Law, client Lamar Barnes was released from prison These are all listed in his end-of-year reports to the legislature. In other words, you must have maintained your innocence throughout the proceedings. Applicants are not required to disclose expunged records in response to any employment-related inquiry. Va. Stat. Va. Code Ann. As indicated in Part B, the primary effect of a simple pardon is that is serves as an official statement of forgiveness. 53.1-231.2. Office of the Secretary of the Commonwealth 804-786-2441. Va. Code Ann. H. Clean Slate law: Sealing of convictions and non-convictions, to assist an innocent persons ability to obtain employment, an education and to obtain credit. This is significant in light of a, Application-stage inquiries into criminal history by executive branch agencies are also governed by a 2015 executive order which directs all state agencies to remove the question relating to criminal record from employment applications, and encourages similar hiring practices among private employers operating within the Commonwealth and state government contractors., The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. Simple pardon does not expunge the record, but it does constitute official forgiveness and often serves as a means for the petitioner to advance in employment, education, and self-esteem. The criminal records of those who receive a simple pardon are marked with a notation indicating the pardon grant, but the record remains available to the public. Provide any other relevant information that you wish to be considered in your application. The new laws would prohibit refusal of a license based on a conviction until the board. These include so-called medical pardons, a few of which have been granted for people in the state prison system who have terminal illnesses. 2021 record clearing laws in generalB. Second, these companies must register with the Virginia State Police to receive electronic copies of sealed records. Enter your information and get a neat and clean looking form sent to you. You can apply for Restoration of Rights even if your conviction is a federal or out-of-state conviction. Section 12 also requires the governor to communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same. The governors annual reports to the General Assembly (List of Pardons, Commutations, Reprieves, and Other Forms of Executive Clemency), including reasons for granting pardon in each case, are accessible dating back to 1974 at http://leg2.state.va.us/DLS/h&sdocs.nsf/Search+All+Published/?SearchView&SearchOrder=4&query=clemency. ContactIII. 54.1-204(B). v. Dotson, supra, would appear to preclude expungement. WebIf any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing One must be a representative of a victims group. . Va. Code. II, 1 (No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.); see also Va. Code Ann. Federal and out-of-state offenders are not eligible to apply for pardon. [1], There is a body called the Parole Board which has the authority, upon the Governors request, to investigate and make recommendation to the Governor on pardon applications. 41 (McAuliffe). Va. Const. Deferred disposition for a misdemeanor property offense: The court may grant deferred disposition for a misdemeanor property offense (with certain exceptions), upon plea of guilty or not guilty, if the facts found by the court would justify a finding of guilt, without entering a judgment of guiltunless the accused has been previously convicted of a felony, or previously had an offense dismissed under this section. Civil rightsB. This pardon is based on the idea that you were innocent of the crime and were wrongfully convicted of. Ralph Northam on July 14, according to a news release from UVa, after serving 22 years behind bars. Effective March 1, 2021, in any case, courts may, with the agreement of the Commonwealth, after plea or trial, with or without a guilty finding or determination, and notwithstanding entry of a conviction orderupon consideration of the facts and circumstances of the case, including mitigating factors and the request of the victimdefer entry of a conviction order or a final order, and continue the case on reasonable terms and conditions agreed upon by the parties or imposed by the court. Police records for marijuana possession of one ounce or less will take effect July 1, 2021. (For example, Vince Gilmer, Christopher Sharikas) Absolute pardon of those convicted whove completed their sentence and have a strong innocence claim. PORTSMOUTH, Va. As one of his final acts in office, Virginia Gov. Governor Kaine issued 108 simple pardons (three to individuals seeking to avoid deportation), and one commutation to avoid deportation.9 He also granted a number of absolute pardons (for innocence), conditional pardons (sentence commutations), and medical pardons (terminally ill prisoners). With an important caveat, a person may not be refused a license or occupational/professional certificate solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license, certificate or registration is sought. There are three types of pardons that you can apply for in Virginia: A simple pardon is an official statement of forgiveness. Restoration of rights is the first step in the pardon application process for felony offenders. The Governors decision is final, which means you cannot appeal to a court if you are unhappy with the decision. Remember that you must show you have been a good citizen in order to get a simple pardon. 16.1-306(A). Regulation of private background screeners: The other major component of the bill addresses the regulation of private companies that buy and sell individuals criminal records. 9 (S.B. 53.1-231.2, described below. [8] In most cases you must have tried to get a Writ of Actual Innocence before you can ask for an absolute pardon from the Governor.[8]. An absolute pardon is the most difficult type of pardon to get. (See https://www.cannabis.virginia.gov/.). Remember, getting an absolute pardon is very difficultperhaps the most difficult of the three types. v. Dotson, supra. if, based upon all the information available, including the applicants record of prior convictions, it finds that the applicant is unfit or unsuited to engaged in such occupation or profession., anguage governing a boards determination of direct relationship that are intended to limit a boards ability to reject applicants based on their conviction.in 2023, will expand on the language in 54.1-204(A) that relates to a finding of direct relationship both substantively and procedurally. Persons convicted in other jurisdictions while residing in Virginia (including federal offenders), or who moved to Virginia before their rights were restored in the jurisdiction of conviction, may apply to the Governor for restoration under his constitutional pardon power. Cf. For each conviction (misdemeanor or felony) you have ever received, list: The sentence you received, or otherwise the outcome of the case. WebA conditional pardon is an act to modify or end a sentence imposed by the court. Court debt no barrier: Notably, court debt will not be a barrier to record clearance under the legislation (a provision requiring payment was omitted in the final bill) and court clerks will continue to have access to records for the purpose of collecting court debt owed by individuals after their record has been sealed. . 550, cl. The Governor can only grant a pardon for a Virginia conviction. Introduces a system of court-appointed counsel for individuals who cannot afford an attorney for the petition-based sealing process. Also, in most cases, federal immigration authorities cannot rely solely on a conviction that has been subject to a pardon for the purpose of deporting you from the country. Criminal record in employment & licensing, http://leg2.state.va.us/DLS/h&sdocs.nsf/Search+All+Published/?SearchView&SearchOrder=4&query=clemency, https://commonwealth.virginia.gov/judicial-system, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons/, https://commonwealth.virginia.gov/judicial-system/pardons/simple-pardons, https://www.commonwealth.virginia.gov/media/governorvirginiagov/secretary-of-the-commonwealth/pdf/VIRGINIA-EXECUTIVE-CLEMENCY-FACT-SHEET.pdf, https://rga.lis.virginia.gov/Published/2021/SD2/PDF, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf, https://www.washingtonpost.com/local/va-politics/cuccinelli-set-to-announce-findings-on-restoring-voting-rights-of-virginia-felons/2013/05/27/9f6819e0-c6e4-11e2-9245-773c0123c027_story.html, http://www.eji.org/files/howell-v-mcauliffe-virginia-supreme-court-decision-07-22-16.pdf, http://www.nytimes.com/2016/07/23/us/virginia-felony-supreme-court.html, https://governor.virginia.gov/newsroom/newsarticle?articleId=3880, http://www.timesdispatch.com/news/state-regional/mcauliffe-to-speed-rights-restoration/article_661befcf-b8c9-5ca3-ba60-05b75812c9a3.html, http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22010/$file/SD2.pdf, http://leg2.state.va.us/DLS/h&sdocs.nsf/a762cd2685f84d7a85256f030053196e/0407b390e94aad9e852579bf005c4445?OpenDocument&Highlight=0,clemency. The final language relating to a finding that the applicant is unfit or unsuited to engage in such occupation or profession would be retained in the statute. reid@governor.virginia.gov, Jennifer Crown These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. See http://leg2.state.va.us/dls/h&sdocs.nsf/By+Year/SD22014/$file/SD2.pdf.8. 1101(a)(48)(A)(i) to make him deportable. After elections in the fall of 2021, the measure was reintroduced in 2022 but was rejected by a House subcommittee. 16.1-307. The Parole Board consists of five members appointed by the governor to open-ended terms. Allows for sealing of felony acquittals and dismissals at disposition with the consent of the prosecuting attorney. 19.2-298.02. A detailed statement of the facts/circumstances of the offense. Deferred disposition for persons with autism and intellectual disabilities: A new law enacted in 2020 and effective March 1, 2021, allows the court to grant a deferred disposition upon a plea of guilty or not guilty, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (ii) an intellectual disability as defined in 37.2-100 and the court finds by clear and convincing evidence that the criminal conduct was caused by or had a direct and substantial relationship to the persons disorder or disability. The court must find facts that would justify a guilty finding and give due consideration to the position of the Commonwealth and views of the victim. This page was last modified on July 31, 2015, at 21:46. See https://www.cannabis.virginia.gov/. Office of the Secretary of the Commonwealth An explanation of the clemency system can be found at https://commonwealth.virginia.gov/judicial-system. Taken into In the event of dismissal, expungement may follow if the prosecutor agrees: Upon agreement of all parties, a charge that is dismissed pursuant to this section may be considered as otherwise dismissed for purposes of expungement of police and court records in accordance with 19.2392.2, and such agreement of all parties and expungement eligibility shall be indicated in the final disposition order. ContentsI. However, no expungement because of the requirement that the court find facts justifying guilty finding. Automatic and petition-based expungement of marijuana records: SB1406 further provides that by July 1, 2025, all records of arrests, charges, and convictions for simple marijuana possession, including court records, will be automatically expunged, 19.2392.2:1, and that misdemeanor sale of marijuana paraphernalia will be eligible for a petition-based expungement process. v. Dotson, supra. Your chance of getting a pardon can also depend on who is serving as Governor at the time your application is reviewed; some Governors are simply more lenient than others in handing out pardons. Public access to records of past arrests, charges, and convictions for marijuana possession in the central repository was automatically limited, 19.2-389.3, employers and educational institutions were prohibited from inquiring about them, and state and local officials may not requiring an applicant for a license, permit, registration, or governmental service to disclose information about them. . You should talk to an attorney knowledgeable about gun rights restoration in Virginia if you specifically want your gun rights restored. WebUpon receipt of a duly attested copy of an absolute pardon issued by the Governor of Virginia or other competent authority as to any conviction reported to the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Also, although not required, we suggest that you submit a few letters of recommendation from credible people (such as your boss) who know you well and can say good things about you. First, private companies (defined as business screening services under the bill) have an obligation to delete sealed records and must take steps to ensure they do not maintain sealed or inaccurate records. Post Office Box 2454 19.2-392.3. 53.1-231.2. Webpardon. 2) Sealing at disposition: Felony acquittals and dismissals with prejudice can be sealed by the court immediately at the time of disposition, without filing a petition, with the concurrence of the Commonwealths attorney. [6] For a felony conviction, you must have applied for and been granted a Restoration of Rights before applying for a simple pardon. . In Virginia, the governor may grant simple pardons for forgiveness of crimes, an absolute pardon for innocence, or a conditional pardon to commute a prison sentence. The Innocence Project at the University of Virginia School of Law helped Joey Carter, who served 25 years after being convicted of a Norfolk, Virginia, murder, Office of the Governor No more than two members are full-time. There is no mechanism for sealing juvenile records, but most juvenile court records are confidential and only accessible by statute or court order. He also granted four conditional pardons to enable the recipients to avoid deportation,and a number of medical pardons (commutations). Loss & restoration of civil/firearms rights, IV. 3) Petition-based sealing: The greatly expanded petition-based sealing portion of the bill, set forth in 19.2-392.12,covers a broad range of offenses. [O]ur constitutional history demonstrates a cautious and incremental approach to any expansions of the executive power, leading to the conclusion that the concerns motivating the original framers in 1776 still survive in Virginia. See 2021 Virginia Laws Ch. The person is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted. Governor McAuliffe formalized the pardon process, so that applicants fill out a questionnaire that requires information related to the applicants juvenile and adult criminal record, sentence, employment history, educational background, military service, community service, as well as the reason the applicant feels the governor should grant a pardon. To qualify for automatic sealing, seven years must have passed since the conviction or deferred dismissal, the person must not have any new convictions during that time, and on the date of disposition, the person must not have been convicted of another offense that is ineligible for automatic sealing. WebABSOLUTE PARDON An absolute pardon may be granted when the Governor is convinced that the petitioner is innocent of the charge for which he or she was Secretary of the Commonwealth, Conditional Pardons. These records will be automatically sealed in the Virginia State Police systems on July 1, 2021. 19.2-392.2, in the case of acquittal or where charges were nol prossed or otherwise dismissed, but not where adjudication deferred after a finding of guilt. 19.2-303.6. 19.2-392.4. Additionally, an adjudication of delinquency for any crime that would be a felony if committed by an adult results in the loss of firearm rights until the age of 29. Finally, these two laws would require, beginning July 1, 2025, the Department of Professional and Occupational Regulation must include in its biennial report to the governor certain data related to the criminal history of applicants for each regulatory board, including the number of applicants with a criminal history and cases where denial of a license was based in whole or in part upon the existence of the applicants criminal record. A person may deny the existence of a destroyed record, and it is a misdemeanor offense to access an expunged record. V, 12. See Va. Code Ann. Specialized courts: Virginia has specialized dockets for behavioral health, drug treatment, and veterans treatment. Court records are automatically destroyed annually if the juvenile is at least age 19 and five years have elapsed since the last hearing in any juvenile case. 18.2-254.1, -254.2, -254.3. We suggest that you submit a detailed and genuine personal statement detailing your reasons for requesting a pardon. See 18.2-308.2(C)(no person who has been convicted of a felony shall be qualified to petition for such an order unless his civil rights have been restored by the Governor or other appropriate authority).2 If the person is not a resident of the Commonwealth, restoration may be sought in the circuit court of any county or city where such person was last convicted of a felony or adjudicated delinquent . If a close family member of yours has a terminal illness and you wish to be with them during the life days of their life, explain this and provide proof of their illness. A pardon, on the other hand, does restore your gun rights if you ever lost them due to a conviction, unless the pardon specifically says otherwise. See Effect section below. See also the provisions of SB 2113 relating to marijuana described below in clean slate section. In order to be considered for immigration If the Governor denies your application, you can reapply two years later after the denial.[8]. 19.2-392.3, 19.2-392.4(A)(B). 18.2-308.09. Court-appointed legal assistance: Individuals who cannot afford an attorney for help with the petition-based sealing process can request one. Because the focus of this site is on pardons, we do not discuss reprieves, commutations, parole, remission of fines and forfeitures, or other types of clemency that may be available in Virginia here. See HB711. 53.1-134. [7] Of course, this is not the only extraordinary circumstance that would qualify you for a conditional pardon. Acts of violence and crimes where deferred disposition is provided by statute are ineligible. [7] The Parole Board will review your application, and, if it finds merit, will conduct a thorough investigation and then submit a recommendation to the Governor. Va. Code Ann. If immigration is not an issue for you, this benefit is obviously irrelevant. Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. However, an exception to the rule exists if you receive an absolute pardon. In 1986, Stevens was convicted of the abduction and murder of Mary Keyser Harding, a Lancaster mother of two. 24.2-231 (disqualifying persons convicted of felonies from holding office). In your statement, do not simply say that you want a clean criminal record. 1406). Obviously, if you have DNA evidence conclusively proving you were innocent of the crime, you should submit this. If you feel your life is in danger as long as you remain in prison, explain this and perhaps have some witnesses write letters to support your claim. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias. 19.2-298.02(D). According to the Secretary of Commonwealths website, a petitioner must have pleaded not guilty and, if eligible, exhausted all other remedies, including filing a writ of actual innocence. IMPLES ONDITIONALC You essentially must have pled not An explanation of the clemency system can be found at. We also do not discuss judicial alternatives such as record expungement, record sealing, setting aside and dismissal of convictions. Juvenile recordsG. No filing fee will be required in the case of indigency. We appreciate your patience during this time. If, after such hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall grant the petition. In the event the petition is not granted, the person shall wait at least 24 months from the date of the denial to file a new petition for removal from the Registry. Record Clearing .org - post conviction information, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/clemency.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/pardons.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/simplePardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/conditionalPardon.cfm, http://www.commonwealth.virginia.gov/JudicialSystem/Clemency/absolutePardon.cfm, http://www.sentencingproject.org/doc/File/Collateral%20Consequences/Virginia.pdf, http://www.timesdispatch.com/news/article_006dacdd-5f85-5e7e-8a87-abdbb83eac03.html, https://www.pardon411.com/w/index.php?title=Virginia_Pardon_Information&oldid=788. Charges may be dismissed but no authority exists to expunge or seal the record. 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